Court of Appeals of Missouri, Southern District, Second Division
APPEAL FROM THE CIRCUIT COURT OF LAWRENCE COUNTY. Honorable Jack A. Goodman, Circuit Judge.
For Appellant: ROSALYNN KOCH, Columbia, MO.
For Respondent: RICHARD A. STARNES, Jefferson City, MO.
MARY W. SHEFFIELD, P.J. - OPINION AUTHOR. NANCY STEFFEN RAHMEYER, J. - CONCURS. GARY W. LYNCH, J. - CONCURS.
MARY W. SHEFFIELD, P.J.
William Albert Rattles (" Defendant" ) appeals from his convictions for driving while intoxicated and driving while revoked. See § § 302.321, 577.010. He argues the trial court erred in finding he was an aggravated offender under Section 577.023. This argument is without merit, and Defendant's convictions are affirmed.
Factual and Procedural Background
Between 6:00 and 6:30 p.m. on September 28, 2011, Missouri State Highway Patrol Trooper Robert Creasey (" Trooper Creasey" ) responded to a one-vehicle accident on Farm Road 2110 in Lawrence County. While Trooper Creasey and the driver of the car involved in the accident were waiting for a tow truck to arrive, Defendant drove up to the scene on a motorcycle and began talking with the driver of the wrecked car. Defendant was not wearing a helmet, so Trooper Creasey approached him. Trooper Creasey asked Defendant about his missing helmet, and Defendant said the helmet blew off while he was driving 70 miles per hour.
During this conversation, Trooper Creasey noticed Defendant smelled of alcohol and appeared intoxicated. Defendant's " eyes were watery and bloodshot[.]" Defendant had trouble balancing and " [h]is speech was slurred." Defendant admitted to Trooper Creasey he had drunk four beers, smoked marijuana, and taken some valium. Defendant displayed six out of six indicators of intoxication on the horizontal gaze nystagmus test. Trooper Creasey decided not to administer any other standard field sobriety tests because he did not believe Defendant " would be able to perform them without possibly falling and injuring himself." Trooper Creasey arrested Defendant for driving while intoxicated.
Trooper Creasey then transported Defendant to the Lawrence County Jail. He advised Defendant of the implied consent law and requested that Defendant submit to a breathalyzer test. Defendant refused to consent to a breath test.
Defendant was subsequently charged with driving while suspended and with driving while intoxicated as an aggravated offender. Defendant waived his right to a jury trial.
At the beginning of the bench trial, the prosecutor offered into evidence a certified copy of Defendant's Missouri Department of Revenue driving record. Defendant's driving record showed his driver's license had been suspended for 10 years beginning in 2009. Defendant's driving record also contained the ...